In almost every personal injury case, there is a process followed to either bring it to a court or a settlement. Virtually every case can be successfully settled, provided both parties are being reasonable. Seek the help of a personal injury lawyer to help get the compensation you deserve.
Here is the process you should expect:
It is a Dance
Generally, there is a timeline and process for all personal injury cases. That process depends on three things (at least):
- What happened
- What facts about the incident both parties are willing to agree on
- What both parties can agree on is a “fair settlement”
After your consultation, if the personal injury lawyer has taken your case, they will draft a demand letter. This will list your allegations, how negligence factored in and what constitutes a fair settlement.
Opposition Party Response
In this, the other party takes issue with what they disagree with in your demand letter. They map out what is wrong with your assertions and what they feel they or their client are not responsible for covering (if anything). Your personal injury lawyer will respond to this via a letter that reasserts the claim and evidence backing it.
At this stage, if the other party is willing to assume responsibility for your injury and, thus, associated costs, their insurance company will make an offer based on their assessment.
Your lawyer responds to the insurance adjuster estimate for damages, accepts them, or rejects them. At this point, the other party will usually increase their offer, but not if they are willing to go to trial.
More Negotiations, Settlement, or Trial
After that, the negotiation is a matter of whether one party or the other blinks. If no agreement can be reached, both parties prepare for court, which is another process altogether.
At any point after this stage, either party can initiate a settlement, and new negotiations begin. All settlements will contain various documents and agreements that must be signed.
Hire a Personal Injury Lawyer
If you require a personal injury lawyer, contact the attorneys at Robert J. Debry & Associates to discuss your case and next steps.